Insights

Love is a wonderful thing. But it can cloud judgement. A lady came to Direct Access Barrister Paul Ashwell for advice. She had sold a share in her home to her former partner for less than it was worth. She had signed…

Commercial dispute mediation [“CDM”] is a way of resolving commercial disputes as an alternative to taking a claim to court for a judge to decide. It is one of the means of alternative dispute resolution [“ADR”]. Other means of ADR are negotiation…

When a loved one lacks mental capacity to make their own decisions it can be an incredibly distressing time for members of their family. The Court of Protection in English law is a superior court of record created under the Mental Capacity…

R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) (Respondent) [2018] UKSC 32 Link to judgment here: Judgment on BAILII (HTML version) In a unanimous…

A specific issue order (an SIO) is an order that determines a question in relation to a child’s upbringing where those that hold parental responsibility cannot agree. In family law cases it is often applied for by one parent against another parent,…

Summary of a recent decision in the High Court. MK v RP [2018] EWHC 1475 (Fam) http://www.bailii.org/ew/cases/EWHC/Fam/2018/1475.html This is an interesting case concerning the interpretation of what is meant by ‘clear and unequivocal consent’ in cases of alleged child abduction and consideration…

As any family law student knows, the law in England and Wales does not at present afford to those of different sex who have lived together as if they were husband and wife, the same rights to claim financial relief against each…

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